By David Lu
Given the recent events in our city, I feel as if months have passed since the beginning of the year, even though it has only been about four months. A common theme that I have gleaned from these recent events is that there can be a lack of respect towards others and a lack of awareness of how one’s actions might detrimentally affect others. These are themes that we teach our children, but I sometimes feel that as adults we sometimes forget these important lessons.
In the world of condominium law, we deal with behavioural issues on a regular basis. This is because condominiums communities reflect our society overall. Plus, condominium living often requires residents to live in close proximity with others and share facilities with others. This can result in interactions that can sometimes cause friction and bad behaviour.
Most of the time, these issues are fairly minor and a letter and/or phone call is sufficient to address the issue. Sometimes, however, the behaviour is more serious and more forceful action is required. In cases of violence, seeking the assistance of the police is the first option. However, there is a grey zone of behaviour where the police don’t intervene because they don’t feel it amounts to criminal behaviour.
For condominiums, there is a mechanism to deal with such behaviours. Section 117 of the Condominium Act (the Act) prohibits actions that are likely to causeinjury to someone else. The Courts have concluded that “injury” includes psychological harm, and Section 117 accordingly prohibits verbal and written forms of harassment or abuse. Meanwhile, Section 134 of the Act allows a condominium to seek a court order for compliance, requiring the wrongdoers to cease this behaviour.
This recently occurred in the case Niagara South Condominium Corporation No. 12 v Kore et al. In this case, the condominium corporation brought a court application for a “cease and desist” order due to the harassing behaviour of two owners. These owners had harassed and intimidated other residents and staff by swearing at them, following them around the condominium, making harassing and intimidating phone calls and emails to others, and posting intimidating signs around the community.
The Court found that the behaviour of these owners breached the Act, granted the requested order, and also ordered that the owners pay the costs of the condominium corporation in the amount of $44,980.59.
The Court noted that the owners justified their behaviour by indicating their unhappiness with the governance of the condominium, and that they presented themselves as “vigilantes” standing up against perceived abuses of power. To these points, the Court said “it is the manner in which they have each behaved toward the Board, its employees and other owners which must result in sanctions” sought by the condominium.
The Court also said: “It comes down to respect: Respect for the rules, Respect for the employees, the Board and one’s neighbours. Respect for the common and shared space of others.”
I can’t help but think how pertinent such words are during these times.
David Lu is an Associate at Davidson Houle Allen LLP, a boutique Condominium Law firm serving Eastern Ontario.